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Ganpat   08 July 2017

Purchase of plot

Dear Sir, I am planning to purchase a Plot admeasuring 362 sq.mts.I have already given token money to the seller.However,I have doubt about the past land transaction carried out by the seller.The seller got the above plot by the way of "Deed of Gift"executed in the sub-registrar office dated 15\10\2012.The seller(daughter in Law) got this plot from her mother law,who had purchased this plot by the way  of registerd sale deed  executed in sub-registrar office dated 20th Jan 2011.The Donar (Mother in Law) has gifted this plot to her daughter in law with concent of her husband.Now the seller (Donnee) wants to sell this plot to me.Does she become absolute owner of the plot?.The donne is going to sell the plot with her husband concent.

My question is whether other heirs of Donar can object this sale of this plot to me after transaction? or they can claim any right?The donar has one more son and a daughter Or otherwise ,Donar can revoke the right by challanging in the court.The mutation of the property is not done yet after purchase from the developer by the Donar and as well as by the Donnee.The deed of gift has no conditions as such.They will hand over  their original SALE DEED AND GIFT DEED to me after my purchase.

Please advise on this sale.Shall I go forward with this deal.

 

 



 16 Replies

Raveena Kataria (Advocate )     08 July 2017

The heirs of the donor will not be entitled to any share on such plot as it is the self-acquired property of the mother-in-law in question and thus it is absolutely up to her discretion, what she does with the property.

"The seller(daughter in Law) got this plot from her mother law, who had purchased this plot...dated 20th Jan 2011."

Please note, a person's self-acquired property is that which has been acquired/purchased by that person having used own effort and funds without causing any hindrance to joint-family-property, and which has been purchased during the life-time of the heirs of such person.

In my opinion, it would be safe to go for the purchase.

1 Like

Ms.Usha Kapoor (CEO)     08 July 2017

If  MIL gifted the-property  in question  to DIL through  a registered gift deeed then DIL becomes absolute owner of the property  and she  can do anything and everything with the gifted property  which is registered in her favour.Heirs of donor can't get any rights in this gifted property of DIL.I hope DIL got the gifted property registered in her favour.Then only she becomes absolute owner.you can go ahead with the purchase of propert/plot fom the seller DIL and would get full title to the plot.

 

 

 

1 Like

Ganpat   08 July 2017

Dear Madam,Thank you for the advise.However,Madam,the MIL has not muted the property in her name,subsequently DIL has not done the same.Its a developed plot with Town planning approval as NA(Non agriculture).Shall I able to mute the property in my name after purchase.The seller will hand over both original  deeds to me.(MIL & developer and MIL & DIL).I hope it will not be listed as Benami Property Transaction as per the new act.

Ms.Usha Kapoor (CEO)     08 July 2017

On the basis of documectory evidence available with you  you can get the property mutated in your name in

 

Ms.Usha Kapoor (CEO)     08 July 2017

IN Municipal Records  if the land is urban.

Ganpat   08 July 2017

Dear Madam, The plot is in village panchayat boundries.Thank you for your advise.

Ms.Usha Kapoor (CEO)     08 July 2017

Is it Agricultural  land?If so it will be mutated in village adangal records.

Kumar Doab (FIN)     08 July 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     08 July 2017

Agriculture is a state subject.

Local rules/laws would be involved.

In case if the property is self acquired in the hands of person that has disposed it to say; MIL and then MIL and then DIL then it should be OK.

However as per local rules if you as a buyer can buy agriculture land then it should be OK.

Take help of local counsel.

 

jyotirmaya behera (advocate)     09 July 2017

1st you have no check at sub-registration office regarding there E.C ( encumbrance certificate).

 

As per my opinion the transaction is ok

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

Ganpat   09 July 2017

Dear Sir,

Thank you for the advice.NIL encumbrance certificate can be obtained from sub -registration office after requesting the seller.I am trying to do that before the sale deed.

Kumar Doab (FIN)     10 July 2017

You are welcome.....

Ganpat   11 July 2017

Dear Madam, I am planning to give public notice in the daily news paper in english and regional language through the local lawyer before the purchase to  know if there  is any claim on the plot.What is your opinion?

Ganpat   11 July 2017

Dear sir,

Self aquired means I can not trace the financial transactions of MIL.For instant how and where did she get fund to purchase the plot?.But I am quite sure from the documents that the property is purchased by MIL by virtue of sale deed from a land developer in 2010 and later in 2012 MIL gifted the said Plot to her DIL by virtue of Gift Deed executed in the subregistry office.Moreover,there is concent of MIL husband in the gift deed.So please advice

 


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